Cline v. Bryson City Manufacturing Co.
Supreme Court of North Carolina
This was a motion made by the plaintiff upon notice to the defendant, before his Honor, JE. T. BoyMn, Judge presiding, at tbe December Term, 1894, of the Superior Court of the county of Buncombe, to vacate an order made by Shuford, Judge, at .the August Term, 1894, of the Superior Court of Buncombe County.
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This was a motion made by the plaintiff upon notice to the defendant, before his Honor, JE. T. BoyMn, Judge presiding, at tbe December Term, 1894, of the Superior Court of the county of Buncombe, to vacate an order made by Shuford, Judge, at .the August Term, 1894, of the Superior Court of Buncombe County. This action was begun on the 3rd day of August, 1894, by service of the summons to be found in the record on E. Everett, the president of the defendant, which is a domestic corporation. At the August Term, 1894, of the said Superior Court, the defendant moved, upon affidavit, to have said…
1Opinion of the Court
ClarK, J.:
In Fisher v. Mining Co., 105 N. C., 123, 125, it is said that if, after obtaining an order for tbe removal of a canse to another County, the party obtaining the order does not docket the transcript at the next term of the Court to which it is removed, the Court from which it lias been ordered to be removed can, at the first term held thereafter on proof of such failure, strike out the order of removal. This is in analogy to an appeal to this Court in which, if the transcript is not docketed here at the next term, the Court below on proof of that fact may, on proper notice, adjudge…
2Cases cited4 opinions
- Avery v. . PritchardSupreme Court of North Carolina · 1885
- Graham v. Charlotte & S. C. Rail RoadSupreme Court of North Carolina · 1870
- Fisher v. CID Copper Mining Co.Supreme Court of North Carolina · 1890
- R. H. Kingsbury v. . Chatham R. R. Co.Supreme Court of North Carolina · 1872
3Cited by9 opinions
- Jones v. BrinsonSupreme Court of North Carolina · 1953
- Dunbar v. Tobacco Growers Cooperative Ass'nSupreme Court of North Carolina · 1925
- Farmers Cooperative Exchange, Inc. v. TrullSupreme Court of North Carolina · 1961
- Farmers' State Alliance v. MurrellSupreme Court of North Carolina · 1896
- Dunn v. Marks.Supreme Court of North Carolina · 1906
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